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(영문) 수원지방법원 2017.06.09 2016노7010

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (three million won in penalty) is too unfluent and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasable and unreasonable, in light of the following circumstances: (a) the Defendant’s confession of the crime and the first offender; (b) the benefit acquired by the instant crime appears to be nonexistent; and (c) the head of the Tong who has leased the Defendant has yet to use the passbook for the instant crime; and (d) the head of the Tong, who has not been less than the nature of the crime, was used for the Defendant’s singishing

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.